Possible Amendments to HMIRA & HPA

WHMIS 2015 LogoA few weeks ago we shared details on the proposed amendments to the Hazardous Products Regulations (HPR). In addition to the proposed HPR amendments published that day in the Gazette there was also a Notice of Intent for possible amendments to both the Hazardous Materials Information Review Act (HMIRA) and the Hazardous Products Act (HPA) that was published as well. This notice on potential amendments was driven by issues raised by organized labor during the conversations with stakeholders regarding the prescribed concentration ranges in the HPR.

The notice included these two areas for subsequent potential amendments:

For HMIRA – for ingredients that are carcinogens, mutagens, reproductive toxicants and respiratory sensitizers (CMRRs) – if the chemical names, CAS numbers, any unique identifiers and concentration of ingredient in a mixture should be able to be claimed as confidential business information (CBI). Currently under HMIRA there are no restrictions related to the hazards of the ingredients that must be considered when determining what ingredients are allowed to be claimed as CBI. Representatives of organized labour believe that CMMRs should not be allowed to be claimed as CBI. In addition, there are other regulations, for other jurisdictions like the EU, that place restrictions on what can be claimed as CBI for certain hazards like the CMRRs.

For HPA – if the current exclusion for consumer products should be removed so that hazard information on labels and SDSs would be required for consumer products intended for use, handling or storage in workplaces. Organized labour representatives have expressed that the consumer products exemption should be removed. Currently in both Canada and the US consumer products are not included in the scope of either the HPA or OSHA HCS. If eventually amended this will be another variation for SDS and label requirement for products that are sold in both the US and Canada.

The notice of intent was published to give opportunity for comments to be submitted in writing on both items. The comment period is open until November 20, 2017.

The notice of intent can be found here.